Vermont Agreement and Plan of Merger by L.E. Myers Co., Mytemp Inc., and L.E. Myers Co. Group
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The Company and each of its subsidiaries is duly organized, validly existing and in good standing (with respect to jurisdictions that recognize the concept of good standing) under the laws of the jurisdiction of its organization and has all requisite corporate or similar power and authority to own, lease and operate ...
What is an Agreement Of Merger? An agreement of merger is a legal document that establishes the terms and conditions to combine two or more businesses into one new entity. The business owners of the merging companies agree to sell all their stock and assets to the newly formed company for an agreed upon price.
Parts of merger and acquisition contracts ?Parties and recitals. ?Price, currencies, and structure. ?Representations and warranties. ?Covenants. ?Conditions. ?Termination provisions. ?Indemnification. ?Tax.
Reporting to the SEC If the merger or acquisition requires a vote by shareholders, the agreement will be available in the proxy document, Schedule 14A (or sometimes an information statement, Schedule 14C). The proxy will include the terms of the merger and what shareholders can expect to receive as proceeds.
Along with the press release, the public target will also file the definitive agreement (usually as an exhibit to the press release 8-K or sometimes as a separate 8-K). In a stock sale, the agreement is often called the merger agreement, while in an asset sale, it's often called an asset purchase agreement.
An integration clause?sometimes called a merger clause or an entire agreement clause?is a legal provision in Contract Law that states that the terms of a contract are the complete and final agreement between the parties.
An agreement setting out steps of a merger of two or more entities including the terms and conditions of the merger, parties, the consideration, conversion of equity, and information about the surviving entity (such as its governing documents).
Mergers are most commonly done to gain market share, reduce costs of operations, expand to new territories, unite common products, grow revenues, and increase profits?all of which should benefit the firms' shareholders.